Obtaining permission and placing non-stationary objects for trade. On the procedure for placing non-stationary objects of seasonal trade

Trade Permit implies that the sale of goods is coordinated with the authorities state power... But getting this permission is not always necessary. When it is required and where to apply for it - that's what the article will be about.

Activity start notification

To start your own business in trade, it is not always necessary to obtain permission to trade from the state. Only certain types of activities are subject to licensing, and they are specified in the law. But in some cases, it is still necessary to notify the appropriate government agency about your opening. Such a requirement is set forth in the Law on the Protection of Rights legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal supervision "dated 26.12.2008 No. 294-FZ.

This normative act contains a list of activities for which the notification procedure is applied in trade. But there is also a decree of the Government of the Russian Federation "On the notification procedure for the beginning of the implementation of certain types business activities"Dated 16.07.2009 No. 584, where the list of activities is specified in more detail. As a result, it looks like this:

Persons who decide to conduct one of these types of activities do not need to issue a trade permit, but simply notify the relevant government agency.

Procedure for filing a notification

The procedure for submitting a notification to the authorized body is fixed in the decree of the Government of the Russian Federation No. 584. According to it, the applicant must provide 2 completed copies of the notification to the authorized body. Such a body in Moscow is the city district administration or the prefecture of the administrative district, it all depends on where the applicant is registered. The notification form is given in the same regulation.

The notification can be submitted in person, sent by mail or via the Internet in the form electronic document.

Two copies are filed in order to immediately return one to the applicant with a note of delivery. When submitting an electronic document, the applicant is sent a confirmation of delivery also in electronic form.

The notification itself contains the following data:

• the name of the legal entity or the full name of the entrepreneur;
• OGRN;
• legal entity address and actual address of the trade object;
• type of activity and list of works and services within a separate kind activities.

Note: you do not need to attach any documents to the notification. This procedure is much easier to obtain a trade permit.

All information from the notification serves to form Trade register, which is conducted in accordance with the order of the Ministry of Industry and Trade of 16.06.2010 No. 602.

What awaits a seller who does not submit a notification

Everyone has long understood that the lack of a trade permit (if it is required without fail) entails the imposition of fines. But to notification procedure are not so serious, although there is also a responsibility.

Don't know your rights?

The Code of Administrative Offenses of the Russian Federation considers violation of the rules for notification of the start of activities to be an offense. And responsibility is spelled out in Art. 19.7.5-1. There are two options here:

• The merchant did not submit a notice at all that he could face a fine of 10,000 to 20,000 rubles.
• The notification was filed, but contained inaccurate data. Here they can already be fined 20,000-30,000 rubles.

To avoid problems and unnecessary costs, the established procedure for starting activities should be followed.

Permission to open a non-stationary trading facility

A non-stationary trade object is an object that is not firmly anchored to the ground, for example, a kiosk, a vending machine. And such objects are placed only in designated places approved by a specially developed layout scheme. Each of the objects must comply with typical architectural solutions.

For placement non-stationary objects in Moscow, when it comes to their location on state-owned land, the Moscow Department of Trade and Services is responsible.

To start trading in such a non-stationary object, you do not need to issue a trade permit, here you need to conclude an agreement for the implementation of trading activities or for the placement of a non-stationary trading object. Such an agreement will be concluded with the winner of the auction, since the rules for the competitive selection of the seller apply here.

To participate in the auction, a legal entity or individual entrepreneur must submit an application, the form of which is established by the organizer of the auction, and at the same time have on the account the money necessary to pay the deposit for participation in the auction.

Alcohol sales license

If in the course of trading activities it is planned to sell alcohol, then you will have to obtain a corresponding license, since retail alcohol-containing products require special marketing authorization. This formulation of the question corresponds to the norms of the Law "On government regulation production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products ”dated 22.11.1995 No. 171-FZ.

To obtain a license to sell alcohol at retail in Moscow, you need to apply to the Department of Trade and Services of this city. The application itself is filled out in the prescribed form, and the following are attached to it:

• Constituent documents. If there are no notarized copies, you can also submit simple copies, but have the originals with you.
• Receipt for payment of state duty.
• Documents that show that the authorized capital of the company is not less than 1,000,000 rubles.

The following documents can be obtained by the department independently within the framework of an interdepartmental facility, and only when this does not work out, the applicant must convey them:

• Certificate of state registration of a legal entity.
• A document confirming tax registration.
• Documents from which it would be possible to determine that the applicant has rights to the premises for opening shopping facilities and for storing alcoholic beverages.

A permit for the sale of alcoholic beverages is issued on a paid basis, for example, a license for a period of one year costs 65,000 rubles.

Permission for the organization of the retail market

Another form of trade can be called the organization of the retail market, which is regulated by the law "On retail markets and on amendments to the Labor Code of the Russian Federation" dated 30.12.2006 No. 271-FZ. According to this normative act, you can obtain permission to organize the market by submitting an application, which must indicate:

• The name of the legal entity, its address and the location of the object where it is planned to place the market.
• TIN of the applicant.
• The type of market organized.

And the list of attached documents consists of the following items:

• Constituent documents.
• Extract from the Unified State Register of Legal Entities.
• A document confirming the existence of the right to the object where the market will be located.

If the proposed location of the market meets the plan for organizing markets and the applicant has fulfilled all the requirements for registration and submission of the corresponding application, then he has every chance of obtaining permission to trade.

A trade permit is required only in certain cases, for example, when it is planned to sell alcohol. For the most part, entrepreneurs are only required to notify the relevant government agency about the start of their activities. But do not forget that if you do not need to issue a trade permit, then it will not be controlled. Authorized bodies develop an audit plan to check whether the requirements for the organization and conduct of trade are met.

Placement of non-stationary shopping facilities
Small business entrepreneurs often use non-stationary shopping facilities. Such commercial objects are understood as mobile commercial structures that are temporarily located on a certain land plot without being attached to it. They usually do not connect to utility lines. At first glance, it may seem that the design and placement of such an object is not difficult. But in practice, everything turns out to be much more difficult, since now there are strict requirements for obtaining permission for this type of trade. It is especially difficult to obtain a permit to locate an object indoors or on a land plot owned by the state. A non-stationary shopping facility must be included in the placement scheme. It is being developed by the city authorities for certain period time, and after its expiration is subject to reconsideration.
The placement of non-stationary shopping facilities is carried out in accordance with Federal law dated 28.12.2009 No. 381 - FZ "On the basics of regulation of trading activities in Russian Federation". If the NTO is planned to be located on a land plot owned by a private person, then the procedure for its placement and operation is agreed with the owner of the stationary facility on the territory of which the NTO is planned to operate.
In the case of placing a non-stationary shopping facility on land plots, in premises that are located in the municipal or state property, the process should be carried out according to the layout, in order to provide the residents with the most rational retail space and sustainable city development.
Problems for a businessman arise precisely in the second case, so he will have to go through two stages of drawing up an NTO.
The first stage of registration is that the NTO is included in the layout. Local authorities are responsible for its creation. Let's list what documents are required to be included in this scheme:
- for legal entities - charter, certificate of state registration
- for individuals entrepreneurship - a certificate of state registration of a person, as individual entrepreneur
- a certificate of registration with the tax office, as well as a certificate of the issuance of a TIN
- a project describing a non-stationary shopping facility
If your NTO is included in the placement scheme, then the second stage is to obtain permits, which spell out the life of the facility, as well as other individual conditions.
The main question that arises in the process of obtaining permission is who should raise the issue of including NTOs in the placement scheme. The reason for this is the lack of an answer to this question in the legislation, as well as the absence of judicial precedents. The city authorities claim that the inclusion of NTOs in the layout is only their prerogative and the owners have nothing to do with this issue... This runs counter to the government's policy to promote small and medium-sized businesses, since it does not provide favorable conditions for their activities and does not promote the sale of goods and services. That is, the state takes care of small and medium-sized businesses, regardless of their opinion.
Another problem for the owner of the NTO is the lack of confidence in the future, or rather, that after revising the placement scheme, he will be able to continue his activities in the same place, since they do not have the right to priority placement for a new term.
The legislation does not oblige the authorities to include existing NTOs in the schemes, but only guarantees them the right to operate until the expiration of the term for providing land for their placement.
If you still managed to place a sales outlet, then it must correspond certain requirements and norms. First, all goods and services sold must be of appropriate quality.
At the facility shallow retail there should be a sign with the brand name, location ( legal address), as well as the work schedule.
NTO must meet fire, sanitary, environmental and other standards. Also, the owner of the NTO must provide appropriate working conditions for workers.
In the event of the termination of the activities of the NTO after the end of the permit for the placement of the NTO, dismantling and removal of the equipment is carried out by the entrepreneur at his expense.
Summing up, we can say that the authorities should establish a clear procedure for obtaining permission to locate a retail outlet and guarantee the entrepreneur the fact of obtaining permission after the end of the current period.

The small retail industry is one of the most difficult in the market segment in terms of legal and technical regulation. This is due to the fact that this type of entrepreneurial activity is initially focused on a wide class of stakeholders. At the same time, the means of ensuring small trade can be different. The most affordable way to sell goods in terms of financial costs is a non-stationary trading facility. It can be a tray, tent, kiosk or other structure through which trade is carried out.

What is a non-stationary trading object?

The unsteady position of an object provides for the possibility of its movement, but this does not always apply to the structures with the help of which trading operations... That is, there is a theoretical possibility of object displacement, but it may not be used for years. In other words, a non-stationary shopping facility is real estate, which is a platform for retail sale of goods. In particular, it can be stalls, kiosks, trays, boxes and other objects. From a technical point of view, the non-stationarity of such structures is due to the lack of a foundation.

A stationary structure will certainly have a strong connection to the ground. In turn, a non-stationary object can have a connection to communications, but its installation does not provide for the formation of the same concrete base for fastening. However, retail trade through non-stationary facilities can be based on the principles of distribution and distribution sales. That is, in this case, the object is also characterized by mobility. Now it is worth taking a closer look at the types of trade objects.

Types of non-stationary trade objects

The group of non-stationary objects of trade is quite diverse and includes a wide range of various structures and structures. So, there are three basic classes of such objects: traditional non-capital structures, mobile devices and devices, due to which the trade is carried out by hand. In the case of non-capital objects, we can talk about the most common methods of trading through kiosks, vending machines, tray points, etc. These are structures that, although they do not have a foundation, provide for a reliable installation. The mobile non-stationary shopping facility includes car stalls, all kinds of shops on wheels and van sales trays. Also, the group of non-stationary objects sometimes includes small-scale retail trade with hands, but it can be carried out without any auxiliary constructional means. In addition, there is a classification according to the nature of seasonal operation of trade objects. The division on this basis is especially pronounced in the case of stalls and kiosks, which can be removed during the off-season and displayed during the most active periods of sales. For example, melons and gourds are popular in the summer. street cafes, and newsstands can be attributed to objects of year-round operation.

Legal registration of the object

For the placement and planning of retail facilities, it is necessary to prepare the appropriate documents for registration of the point of sale. But before that, you should provide technical capabilities ensuring the safety of the target site, as well as its compliance with sanitary and environmental standards. Already during operation, the owner will have to regularly confirm the right to place non-stationary trade objects with the following documents:

• Trading license.
• Permission to install a non-stationary object.
• Documentation indicating the sources of origin of the goods sold. Here, quality certificates, sanitary certificates, as well as certificates with veterinary conclusions for products must be provided.
• A copy of the agreement on waste disposal and water supply. This is required in case there is no possibility of connecting to the central water supply line. In addition, a schedule is provided for disinfection works within the local infrastructure providing drinking water supply.
• Document confirming Such equipment is not always required, but only in cases where kiosks or trays are included in the complexes shopping centers, shops, etc.
• Contract for the disposal of environmentally harmful products and the removal of household waste.

Requirements for placed objects of stationary trade

Anyone wishing to organize such an activity must provide maximum information about the planned characteristics of the object in the application. As a rule, retail trade provides for the provision of services in the form of sales of household goods and products After obtaining permission, the owner of the outlet must also adhere to the legislation regarding the regulation of small retail trade. Not only the placement of non-stationary shopping facilities is carried out with the maintenance of safety standards, but the product itself must meet special requirements. In particular, this applies to sanitary standards. In addition, a kiosk, stall or other trade facility must have a sign indicating the opening hours. The point also provides funds fire safety, personal hygiene of service personnel and conditions for ensuring economic needs.

Provisions on the placement of a trade object

To begin with, it should be noted the difference between objects that are installed as independent retail outlets, and structures operating in the framework of celebrations, fairs, exhibitions, etc. In the second case, special rules are provided that are approved by the local administration, depending on the format of the action. In other cases, placement is planned taking into account the provision of the local population with enterprises consumer market... Besides, general provisions on the placement of non-stationary shopping facilities require that places are selected on sites and in buildings that are in municipal ownership. The conclusion of contracts for the placement of commercial facilities is carried out in the prescribed manner especially for non-stationary structures.

The lease usually lasts no more than a year. At the same time, the current tenant will have a privileged right to further use the leased land or premises. It is also important to take into account that a non-stationary trading facility is a property that is intended for carrying out entrepreneurial activities. Therefore, special fines are provided for violations in the organization of accommodation. For example, installing a kiosk without a contract is considered unauthorized, and the owner this object must be held accountable.

Object placement scheme

The installation of trade objects on plots and in premises that are in city ownership can only be carried out in accordance with a previously drawn up scheme. The development of this document is carried out taking into account two goals, which are expressed in stimulating the sustainable development of the local territory and meeting the needs of the local population in retail goods. The scheme is approved by the local self-government body, also guided by the charter of the municipality. The document may provide for the placement of about 60% of the objects of this kind of trade, which in the future will be used for small or medium-sized businesses. Since a non-stationary shopping facility is, as a rule, private property, it is often located on its own territory. That is, the owner of the commercial space can set up a tent or kiosk within his shopping complex stationary type or within the boundaries of the land plot.

Holding an auction for the right to place

If we are talking about municipal areas, then the decision on who will receive the right to lease this or that territory can be made based on the results of the auction. For this, the city administration issues an appropriate resolution and formulates the subject of the event. A committee may also act as an organizer. The Regulation on Non-Stationary Trade Objects indicates who will directly regulate the auction. Usually, a special commission acts in this capacity, whose functions include the following:

• Determination of the so-called auction step, that is, the value of the increase in value in the range from 1 to 5% of the starting price.
• The schedule for accepting applications, as well as the time and place of summing up the results of the auction.
• Consideration of applications and making a decision regarding the recognition of one of the participants as the winner.
• Keeping the auction protocol.

The results of the auction are published in the media or online publications 30 days after the end of the event. The protocol may indicate the rental price, address, area parameters, and in some cases also describe the procedure for the placement of non-stationary trade objects or special requirements for the operation of the contractual territory.

Object placement agreement

Three days after the winner of the auction is announced, an agreement is drawn up and the owner of the right to place an object of non-stationary trade can start organizing its activities. At the same time, the installation of the object provides for compliance with all the requirements that were indicated in the layout diagram and were noted in the auction minutes. After the completion of the document, the owner must restore the territory he occupies. This must be done within 10 days. The entrepreneur must inform the consumer market committee of all activities on the leased site from installation to dismantling of the structure. Information about the terms of activity in the territory and the possibility of its early termination must contain an agreement for the placement of a non-stationary trade facility, as well as clauses on the extension of the document.

In what cases is the contract terminated early?

Termination through the exercise of the right to place an object can be accepted in several cases. For example, if the owner stops trading. Also, the termination of the contract may be related to the decision of the judicial authorities that exercise the functions of control and supervision. The local government also has the right to act as the initiator of the termination of the contract. In particular, this may be due to the need to reconstruct local infrastructure. However, the procedure for the placement of non-stationary shopping facilities initially provides for the conclusion of an agreement based on the requirements of the urban infrastructure arrangement scheme, therefore, such works rarely become a factor in the termination of entrepreneurial activity in the area allocated for this.

There may be other reasons for the premature termination of the contract. Thus, the violation by the owner of a shopping facility of certain points in the document may well become a reason for its early termination. This can be the transfer of rights to operate the area to third parties, the implementation of other activities in relation to the declared, etc. Further, within 5 days, all non-stationary shopping facilities must be removed from the territory. The ordinance also prescribes that the decision on early termination contract in case of violations by the owner of the shopping facility must be accepted by the organizer of the auction.

Conclusion

The location of sales objects in a city environment is of great importance. On the one hand, small retail outlets allow supplying the local population essential goods, but on the other hand, they undoubtedly change the external. But not only these aspects are guided by the developers of infrastructure schemes, on which the places of sale of goods are marked. As a rule, the provision of non-stationary shopping facilities is carried out with the expectation of future architectural development. Making adjustments to the town planning plan, by the way, may become the basis for early termination of the contract. The change in the appearance of the city as a result of the placement of outlets is also taken into account. The fact is that non-stationary objects They are not always distinguished by aesthetic appeal, which also becomes a factor in the decision to place a particular tent, kiosk, or a group of seasonal pavilions.